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(영문) 대전고등법원 2013.07.25 2012누2861
관광지 조성계획 승인실효확인
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's primary defendant and the confirmation of the invalidation of the approval of December 26, 1991.

Reasons

1. Details of the disposition;

A. On January 1, 1995, Asan-si, Asan-si, a tourist destination designation and public notice, was passed in the city from ASEAN-si.

C Tourist destinations located in D and E (hereinafter referred to as the “instant tourist destination”) was designated and announced as a tourist destination on November 14, 1989 pursuant to Article 3 of the former Hot Spring Act (wholly amended by Act No. 5121 of Dec. 30, 1995), and on December 26, 1991, it was designated and announced as a tourist destination under Article 23 of the former Tourism Promotion Act (wholly amended by Act No. 4645 of Dec. 27, 1993).

B. On December 26, 191, the Minister of Construction and Transportation approved a plan to create a tourist destination for the development of the tourist destination in this case (hereinafter “the first creation plan in this case”) (hereinafter “approval of December 26, 1991”), and the conjunctive Defendant announced the first creation plan in this case to Asan-si H around that time, and the main contents are as follows.

The location and area of a tourist complex: Asan City D, E, Japan 844,00 square meters: A corporation, I or B,00 square meters:

(a) Total project cost and financial resources: The project period for which the non-party company invests the total project cost of 396,363,000,000 won: Five major facilities from 192 to December 30, 2005 (private development methods): Public facilities (management offices, roads, public parking lots, etc.); five accommodation facilities (general hot spring resorts, etc.); 88 Dong facilities (general hot spring resorts, etc.); 5 Dong facilities for sports and amusement (responding facilities), 5 Dong facilities for resort facilities (responding villages for the aged, oriental medical hospitals, etc.); 5 green areas (Preservation green areas, landscaping green areas);

C. On April 1, 1992, the non-party company, including the implementation of the first creation plan of this case, was permitted to implement C development projects, such as civil engineering works, water supply works, and hot spring works, which were conducted from April 2, 1992 to December 31, 193, pursuant to Article 25 (2) of the former Tourism Promotion Act (amended by Act No. 4645 of Dec. 27, 1993) from Asan City, and completed the site construction work on December 20, 1993.

On the other hand, the land of this case is originally a non-party company.

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